Maldives – Sexual Conduct Law
Sharia-based criminal code, punishments, and tourist warnings
📜 Penalties at a Glance – Maldives
| Offence | Minimum | Maximum |
|---|---|---|
| Rape | 10 years | Life imprisonment / Death (rarely applied) |
| Zina (sex outside marriage) | Public flogging | 1 year imprisonment |
| Same-sex relations | Corporal punishment | 8 years imprisonment |
| Adultery | Flogging | Stoning (historically in Sharia, not practiced today) |
| Child sexual abuse | 10 years | 25 years / Life imprisonment |
| Public indecency | Fine | 6 months imprisonment |
Overview
The Maldives’ sexual conduct laws derive from a mix of Islamic Sharia and statutory codes such as the 2014 Penal Code. All sexual activity is legally confined to marriage. Zina (consensual sex outside marriage) is treated as a moral and criminal offence, subject to corporal punishment or imprisonment.
Age of Consent
Technically, Maldivian law ties lawful sexual activity to marriage, not age of consent. Child marriage was historically common, but reforms now prohibit marriage under 18. Any sexual act with a minor is treated as child sexual abuse with heavy penalties.
Key Provisions & Punishments
- Rape: Severe penalties including life imprisonment; marital rape is not always recognised.
- Zina: Flogging (traditionally 100 lashes) remains applied, especially for women convicted through pregnancy evidence.
- Same-Sex Acts: Criminalised under Sharia and Penal Code; punishments range from lashes to prison.
- Adultery: Historically stoning under Sharia; in practice, floggings and prison terms are imposed today.
- Public Indecency: Tourists caught in public displays of affection risk arrest.
Public Morality & Decency
The Maldives enforces modesty codes. Public nudity, topless sunbathing, and sexual acts in public areas are criminal offences. Tourist resorts are more liberal but technically still under national law.
Historical Context
The Maldives has historically used flogging as a punishment for zina. Reports in the 21st century confirm women, including teenage girls, being sentenced to 100 lashes for extra-marital sex. While stoning for adultery is prescribed under classical Sharia, it has not been carried out in modern times. Nonetheless, flogging remains actively practiced, distinguishing the Maldives from many other Muslim-majority tourist destinations.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Maldives | Marriage-based | Life / Death | Illegal | Illegal; lashes & prison |
| Indonesia (Aceh) | Marriage-based | Death in some cases | Illegal | Illegal; caned in Aceh |
| Malaysia | 16 | Death for aggravated | Illegal | Criminalised under Sharia |
| Sri Lanka | 16 | Up to 20 years | Illegal but tolerated | Legalised 2023 |
🚫 Common Tourist Mistakes
- Public intimacy: Kissing or fondling in public can mean arrest.
- Unmarried couples: Sharing a hotel room outside resort islands is illegal.
- LGBT tourists: Same-sex relationships are not tolerated legally.
- Alcohol and sex: Being intoxicated is not a defence in zina or rape cases.
Insider & Academic Commentary
“Flogging for zina is still imposed, especially on women, and remains one of the few corporal punishments practiced in a tourist-heavy Muslim state.” — Human Rights NGO report
“Foreigners assume resorts exempt them, but Maldivian law technically applies everywhere.” — Malé legal consultant
References
Maldives Penal Code (2014).
Human Rights Watch. (2013). Maldives: End Flogging of Women and Girls.
Amnesty International. (2015). Maldives Human Rights Report.
United Nations Human Rights Council. (2019). Review of Maldives Penal Provisions.